Federal Law-Civil Law Harmonization Act, No. 1

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2001_4/FullText.html

Federal Law-Civil Law Harmonization Act, No. 1

S.C. 2001, c. 4

Assented to 2001-05-10

A First Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law

SUMMARY

This enactment repeals the pre-Confederation provisions of the 1866 Civil Code of Lower Canada that fall within federal jurisdiction and replaces certain provisions with appropriate provisions on marriage applicable only in the Province of Quebec.

This enactment also amends the Interpretation Act to recognize Canadian bijuralism and to provide that provincial law relating to property and civil rights applies to federal legislation on a suppletive basis. It also amends that Act to include interpretation rules relating to bijural provisions in federal enactments.

It harmonizes provisions of the Federal Real Property Act, the Bankruptcy and Insolvency Act and the Crown Liability and Proceedings Act with the civil law of the Province of Quebec.

It also harmonizes certain provisions of other Acts of Parliament with the civil law of the Province of Quebec insofar as those provisions relate to the property law, civil liability law or security law of that Province.

Generally, in provisions that describe a legal concept by using a common law term and a civil law term, the common law term appears first in the English version and the civil law term appears first in the French version. Examples of this are “real property and immovables” in the English version and “immeuble et bien réels” in the French version.

Preamble

WHEREAS all Canadians are entitled to access to federal legislation in keeping with the common law and civil law traditions;

WHEREAS the civil law tradition of the Province of Quebec, which finds its principal expression in the Civil Code of Québec, reflects the unique character of Quebec society;

WHEREAS the harmonious interaction of federal legislation and provincial legislation is essential and lies in an interpretation of federal legislation that is compatible with the common law or civil law traditions, as the case may be;

WHEREAS the full development of our two major legal traditions gives Canadians enhanced opportunities worldwide and facilitates exchanges with the vast majority of other countries;

WHEREAS the provincial law, in relation to property and civil rights, is the law that completes federal legislation when applied in a province, unless otherwise provided by law;

WHEREAS the objective of the Government of Canada is to facilitate access to federal legislation that takes into account the common law and civil law traditions, in its English and French versions;

AND WHEREAS the Government of Canada has established a harmonization program of federal legislation with the civil law of the Province of Quebec to ensure that each language version takes into account the common law and civil law traditions;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Federal Law–Civil Law Harmonization Act, No. 1.

PART 1 FEDERAL LAW AND CIVIL LAW OF THE PROVINCE OF QUEBEC

Title

Marginal note:Title

2. This Part may be cited as the Federal Law and Civil Law of the Province of Quebec Act.

Civil Code of Lower Canada

Marginal note:Provisions repealed

3. (1) The provisions of the Civil Code of Lower Canada, adopted by chapter 41 of the Acts of 1865 of the legislature of the Province of Canada, entitled An Act respecting the Civil Code of Lower Canada, are repealed in so far as they relate to subjects that fall within the legislative competence of Parliament and have not been expressly repealed.

Marginal note:Interpretation Act

(2) The Interpretation Act applies to the repeal referred to in subsection (1).

Marriage

Marginal note:Substitution

4. Sections 5 to 7, which apply solely in the Province of Quebec, are to be interpreted as though they formed part of the Civil Code of Québec.

Marginal note:Consent required

5. Marriage requires the free and enlightened consent of a man and a woman to be the spouse of the other.

Marginal note:Minimum age

6. No person who is under the age of sixteen years may contract marriage.

Marginal note:Monogamy

7. No person may contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null.

PART 2R.S., c. I-21 AMENDMENTS TO THE INTERPRETATION ACT

8. The Interpretation Act is amended by adding the following after the heading “RULES OF CONSTRUCTION” before section 9:

Property and Civil Rights

Marginal note:Duality of legal traditions and application of provincial law

8.1 Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting an enactment it is necessary to refer to a province’s rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the enactment is being applied.

Marginal note:Terminology

8.2 Unless otherwise provided by law, when an enactment contains both civil law and common law terminology, or terminology that has a different meaning in the civil law and the common law, the civil law terminology or meaning is to be adopted in the Province of Quebec and the common law terminology or meaning is to be adopted in the other provinces.

PART 31991, c. 50 AMENDMENTS TO THE FEDERAL REAL PROPERTY ACT

9. The long title of the Federal Real Property Act is replaced by the following:

An Act respecting the acquisition, administration and disposition of real property and immovables by the Government of Canada10. Section 1 of the Act is replaced by the following:

Marginal note:Short title

1. This Act may be cited as the Federal Real Property and Federal Immovables Act.

11. (1) The definitions “droits réels” and “immeubles” in section 2 of the French version of the Act are repealed.

Marginal note:1995, c. 5, par. 26(1)(c)

(2) The definitions “Crown grant”, “head of mission” and “licence” in section 2 of the Act are replaced by the following:

“Crown grant”

« concession de l’État »

“Crown grant” means any of the instruments or acts referred to in section 5, a plan referred to in section 7, a notification within the meaning of the Territorial Lands Act or any other instrument or act by which federal real property may be granted or federal immovables may be conceded;

“head of mission”

« chef de mission »

“head of mission”, in relation to real property or an immovable in a country outside Canada, means a person described in subsection 13(1) of the Department of Foreign Affairs and International Trade Act who represents Canada in that country;

“licence”

« permis »

“licence” means any right to use or occupy real property or an immovable, other than

(a) a real right within the meaning of the civil law of the Province of Quebec and the rights of a lessee under a lease of an immovable, and

(b) an interest in land;

(3) The definitions “federal real property”, “interest” and “real property” in section 2 of the English version of the Act are replaced by the following:

“federal real property”

« bien réel fédéral »

“federal real property” means any real property belonging to Her Majesty, and includes any real property of which Her Majesty has the power to dispose;

“interest”

« intérêt »

“interest” means

(a) in relation to land in any province other than Quebec, any estate, right, title or interest in or to the land, and includes an easement, a servitude and a lease, and

(b) in relation to land outside Canada, any estate, right, title or interest that is similar to that referred to in paragraph (a);

“real property”

« biens réels »

“real property” means land in any province other than Quebec, and land outside Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land, and includes an interest therein.

(4) The definition “immeuble fédéral” in section 2 of the French version of the Act is replaced by the following:

« immeuble fédéral »

“federal immovable”

immeuble fédéral Immeuble appartenant à Sa Majesté ou dont elle a le pouvoir de disposer.

(5) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

“federal immovable”

« immeuble fédéral »

“federal immovable” means an immovable belonging to Her Majesty, and includes an immovable of which Her Majesty has the power to dispose;

“immovable”

« immeuble »

“immovable” means

(a) in the Province of Quebec, an immovable within the meaning of the civil law of the Province of Quebec, and includes the rights of a lessee in respect of such an immovable, and

(b) in jurisdictions outside Canada, any property that is an immovable within the meaning of the civil law of the Province of Quebec, and includes the rights of a lessee in respect of any such property;

(6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

« bien réel fédéral »

“federal real property”

bien réel fédéral Bien réel appartenant à Sa Majesté ou dont elle a le pouvoir de disposer.

« biens réels »

“real property”

biens réels Dans une province autre que le Québec et à l’étranger, les biens-fonds et les intérêts afférents, y compris les mines et minéraux, bâtiments et autres ouvrages, accessoires fixes ou améliorations de surface, de sous-sol ou en surplomb.

« immeuble »

“immovable”

immeuble

a) Dans la province de Québec, immeuble au sens du droit civil de la province de Québec et, par assimilation, tout droit du locataire relativement à l’immeuble;

b) à l’étranger, tout bien qui est un immeuble au sens du droit civil de la province de Québec et, par assimilation, tout droit du locataire relativement au bien.

« intérêt »

“interest”

intérêt Ä l’égard d’un bien-fonds :

a) dans une province autre que le Québec, tout domaine, droit, titre de propriété ou intérêt portant sur ce bien-fonds, y compris un service foncier, une servitude et un bail;

b) à l’étranger, tout domaine, droit, titre de propriété ou intérêt semblable à celui qui est mentionné à l’alinéa a).

12. Section 3 of the English version of the Act is replaced by the following:

Marginal note:Authorization of officials

3. Any Minister may authorize in writing an officer of the Minister’s department or of any other department, or any head of mission, to exercise on behalf of that Minister any power given by or under this Act to that Minister, including the power to sign an instrument or act.

13. Section 4 of the Act and the heading before it are replaced by the following:

DISPOSITIONS, LEASES AND LICENCES

Marginal note:Prohibition

4. Subject to any other Act, no disposition or lease of federal real property or federal immovables shall be made and no licence shall be given in respect of any such property except in accordance with this Act.

14. The heading before section 5 of the English version of the Act is replaced by the following:

GRANTS AND CONCESSIONS

15. (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Letters patent, etc.

5. (1) Federal real property may be granted and federal immovables may be conceded

(2) Paragraph 5(1)(b) of the English version of the Act is replaced by the following:

(b) by an instrument of grant or an act of concession, in a form satisfactory to the Minister of Justice, stating that it has the same force and effect as if it were letters patent.

(3) Subsections 5(2) to (5) of the Act are replaced by the following:

Marginal note:If property within Canada

(2) Federal real property and federal immovables within Canada may, at the discretion of the Minister of Justice, be granted or conceded, as the case may be, by any instrument or act by which, under the laws in force in the province in which the property is situated, real property and immovables may be transferred by a natural person.

Marginal note:If property outside Canada

(3) In a jurisdiction outside Canada, federal real property may be granted, and federal immovables may be conceded, by any instrument or act by which, under the laws in force in that jurisdiction, real property and immovables may be transferred.

Marginal note:Leases

(4) A lease of federal real property or of a federal immovable within Canada may also be granted by an instrument or conceded by an act that is not referred to in subsection (1), whether or not it is an instrument or act by which real property or immovables in a province may be transferred by a natural person.

Marginal note:Signing instruments and acts

(5) An instrument or act referred to in this section granting federal real property or conceding federal immovables, other than letters patent, shall be signed by the Minister having the administration of the property.

(4) Subsections 5(6) and (7) of the English version of the Act are replaced by the following:

Marginal note:Countersignature

(6) An instrument or act referred to in paragraph (1)(b), or an instrument or act referred to in subsection (2) other than a lease, shall be countersigned by the Minister of Justice.

Marginal note:Effect of instrument or act

(7) An instrument or act referred to in paragraph (1)(b) has the same force and effect as if the instrument or act were letters patent under the Great Seal.

16. Sections 6 to 15 of the Act are replaced by the following:

Marginal note:Execution of licences

6. A licence in respect of federal real property or a federal immovable shall be signed by the Minister having the administration of the property.

Marginal note:Plans

7. (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property.

Marginal note:Execution

(2) A plan referred to in subsection (1) relating to any federal real property or federal immovable shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.

Marginal note:Delivery required

8. (1) Subject to a contrary intention expressed in any instrument or act, the rule of law that a grant of federal real property or a concession of federal immovables by letters patent requires no delivery to take effect is hereby abrogated.

Marginal note:Time of taking effect

(2) A grant of federal real property and a concession of federal immovables by letters patent or by an instrument or act referred to in paragraph 5(1)(b) shall take effect in accordance with the provisions of the letters patent, instrument or act or, if there is no provision for its taking effect, shall take effect,

(a) where the letters patent are or the instrument or act is delivered on terms or subject to conditions, on their satisfaction or removal; and

(b) in any other case, on delivery of the letters patent, instrument or act.

Marginal note:Words of limitation

9. Where under the laws of a province other than Quebec an instrument transferring real property without words of limitation operates as an absolute transfer of all the transferor’s interest in the real property, a grant of federal real property in that province by letters patent or by an instrument referred to in paragraph 5(1)(b) operates as a conveyance of a fee simple or equivalent estate in the property although no words of limitation are used in the instrument, if Her Majesty has power to grant the fee simple or an equivalent estate in the property and no contrary intention is expressed in the instrument.

Marginal note:Grants or concessions to Her Majesty

10. Her Majesty may grant federal real property and concede federal immovables to Herself.

Marginal note:Transfers of administration and control

11. (1) An instrument transferring administration and control of federal real property or an act transferring administration and control of federal immovables to Her Majesty in any right other than Canada pursuant to regulations made under paragraph 16(2)(e) shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.

Marginal note:Effect of grant, etc.

(2) A grant, concession, vesting order or other conveyancing instrument or transfer act in favour of Her Majesty in respect of any real property or immovable belonging to Her Majesty in any right other than Canada results, on its acceptance, in Her Majesty having administration and control of the property.

Marginal note:Restrictions

12. A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of

(a) Her Majesty;

(b) any person through whom that interest or right was derived; or

(c) in the case of such a lessee, successor or assignee or person holding such an interest, any sublessee or licensee of that person.

APPLICATION OF OTHER LAWS

Marginal note:Acquisition under provincial Act

13. Except as expressly authorized by or under an Act of Parliament, no person acquires any federal real property or federal immovable by or under a provincial Act.

Marginal note:No title by prescription

14. No person acquires any federal real property or federal immovable by prescription.

MINISTER OF JUSTICE

Marginal note:Powers of Minister of Justice

15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty,

(a) determine the type of instrument or act to be used for those purposes and settle and approve the form and legal content of any Crown grant or other instrument or act;

(b) effect the delivery of any instrument or act, including its delivery on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute; and

(c) give and accept any undertakings from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province that are in the opinion of the Minister of Justice necessary for or incidental to the completion of a transaction concerning real property or immovables, including undertakings respecting the delivery of any instrument or act and the payment of any purchase price or other moneys.

Marginal note:Regulations

(2) The Governor in Council may, on the recommendation of the Minister of Justice and the Treasury Board, make regulations respecting

(a) the referral of specified classes of transactions concerning real property or immovables within or outside Canada to the Minister of Justice for settlement and approval of the form and legal content of instruments or acts or for other purposes; and

(b) the establishment and operation of a depository for the deposit of copies of instruments and acts relating to federal real property and federal immovables other than instruments and acts issued under the Great Seal.

17. The heading before section 16 of the French version of the Act is replaced by the following:

DISPOSITIONS, ACQUISITIONS ET TRANSFERTS D’ATTRIBUTIONS ADMINISTRATIVES

Marginal note:1999, c. 31, ss. 96(1) and (2)

18. (1) Subsections 16(1) and (2) of the Act are replaced by the following:

Marginal note:Powers of Governor in Council

16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,

(a) authorize the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;

(b) authorize the acquisition or lease of real property or immovables on behalf of Her Majesty;

(c) authorize the giving or acquisition on behalf of Her Majesty of any licence or the transfer between Ministers of administrative responsibility in relation to any licence acquired by Her Majesty;

(d) authorize, on behalf of Her Majesty, a surrender or resiliation of any lease of which Her Majesty is the lessee or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender or resiliation of any lease of which Her Majesty is the lessor or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor;

(e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest, or any right, of Her Majesty in any federal real property or federal immovable, either in perpetuity or for any lesser term;

(f) accept, on behalf of Her Majesty, the transfer of administration and control of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

(g) despite any other Act, transfer the administration of federal real property or federal immovables from one Minister to another, from a Minister to an agent corporation or from an agent corporation to a Minister;

(h) authorize a grant of any federal real property or concession of any federal immovable to a corporation that has the administration of the property or to any person designated by that corporation;

(i) authorize the grant of any federal real property or the concession of federal immovables by Her Majesty to Herself;

(j) dedicate or authorize the dedication of any federal real property or federal immovable for a road, utility, park or other public purpose, either in perpetuity or for any lesser term; or

(k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with any transaction authorized under this Act.

Marginal note:Regulations

(2) The Governor in Council may, on the recommendation of the Treasury Board, make regulations

(a) respecting the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;

(b) respecting the acquisition or lease of real property or immovables on behalf of Her Majesty;

(c) respecting the giving and acquisition of licences on behalf of Her Majesty and the transfer between Ministers of administrative responsibility in relation to licences acquired by Her Majesty;

(d) respecting the surrender and resiliation of leases of which Her Majesty is the lessee and the relinquishment of licences of which Her Majesty is the licensee, and the acceptance of surrenders and resiliations of leases of which Her Majesty is the lessor and the acceptance of relinquishments of licences of which Her Majesty is the licensor;

(e) respecting the transfer to Her Majesty in any right other than Canada, by instrument or act satisfactory to the Minister of Justice, of administration and control of the entire or any lesser interest, or any right, of Her Majesty in federal real property or federal immovables, either in perpetuity or for any lesser term;

(f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

(g) respecting the transfer of the administration of federal real property or federal immovables by one Minister to another, by a Minister to an agent corporation or by an agent corporation to a Minister;

(h) respecting the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with transactions authorized under regulations made under this subsection;

(i) authorizing the provision of utilities and other services on or from federal real property or federal immovables and the imposition of fees, charges and rates for those services;

(j) imposing fees for the provision of copies of maps, plans, field notes, documents, papers and other records pertaining to federal real property or federal immovables, for the preparation of documents evidencing a disposition or lease of federal real property or federal immovables and for the deposit in a department of documents relating to federal real property or federal immovables;

(k) establishing a formula for determining the rate of interest to be paid with respect to the purchase money, rent or other consideration for federal real property or federal immovables disposed of, leased, licensed or otherwise dealt with under this Act; and

(l) respecting the dedication, in perpetuity or for a lesser term, of any federal real property or federal immovable for a road or utility purpose.

Marginal note:1994, c. 26, s. 31

(2) Subsections 16(6) and (7) of the Act are replaced by the following:

Marginal note:Rent

(6) Despite the Financial Administration Act, if a lease of federal real property or federal immovables or a licence in respect of any such property is authorized under this Act, the amount of the rent or other consideration charged for the lease or licence may, subject to the order or regulations by which it is authorized, be less than, equal to or more than the costs borne by Her Majesty in relation to the property.

Marginal note:Acquisition of shares

(7) Where an acquisition or a lease is authorized under this Act in relation to

(a) real property in a condominium project or an immovable under divided co-ownership,

(b) real property or an immovable in a co-operative project, or

(c) real property or an immovable in any similar project,

that authorization also constitutes the authority for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, syndicate of co-owners, co-operative corporation or similar corporation, to the extent that the acquisition of the share, membership interest or ownership interest is required by, or effected by, the law of the jurisdiction in which the project is situated.

Marginal note:1993, c. 28, s. 78 (Sch. III, item 58)

19. Section 17 of the French version of the Act is replaced by the following:

Marginal note:Terres territoriales

17. (1) Malgré l’article 3 de la Loi sur les terres territoriales, les articles 13 à 16 et 19 de cette loi s’appliquent aux biens réels fédéraux situés au Yukon, dans les Territoires du Nord-Ouest ou au Nunavut.

Marginal note:Réserves

(2) Dans le cas des biens réels fédéraux situés au Yukon, dans les Territoires du Nord-Ouest ou au Nunavut et concédés en fief simple sous le régime de la présente loi, le ministre des Affaires indiennes et du Nord canadien est chargé de la gestion des biens réels et des droits sur ceux-ci qui, par application du paragraphe (1), font l’objet de réserves.

Marginal note:Réserves

(3) Lorsque tout intérêt autre que le droit de propriété en fief simple des biens réels fédéraux situés au Yukon, dans les Territoires du Nord-Ouest ou au Nunavut fait l’objet d’une concession sous le régime de la présente loi, le ministre chargé de leur gestion conserve la gestion de ces biens réels et des droits sur ceux-ci qui, par l’application du paragraphe (1), font l’objet de réserves.

Marginal note:1999, c. 31, s. 97

20. Section 18 of the Act is replaced by the following:

Marginal note:Administration by Minister

18. (1) Any federal real property or federal immovable acquired or leased for the purposes of a Minister’s department, including any such property acquired by way of a transfer of administration and control from Her Majesty in any right other than Canada, is under the administration of that Minister for the purposes of that department.

Marginal note:Administration by Minister

(2) Where a Minister has, in relation to a department, by or under any Act or any order of the Governor in Council, the “administration”, “management”, “administration and control”, “control, management and administration”, “management, charge and direction” or another similarly expressed power in relation to any federal real property or federal immovable, that property is under the administration of that Minister for the purposes of that department.

Marginal note:Continuity of administration

(3) Any federal real property or federal immovable that is under the administration of a Minister for the purposes of a department remains under the administration of that Minister for the purposes of that department until a change of administration is effected under section 16 or on the authority or direction of the Governor in Council.

Marginal note:Consequences of administration

(4) Where any federal real property or federal immovable is under the administration of a Minister for the purposes of a department, that Minister has the right to the use of that property for the purposes of that department, subject to any conditions or restrictions imposed by or under this or any other Act or any order of the Governor in Council, but is not entitled by reason only of the administration of the property to dispose of it or to retain the proceeds of its use or disposition or the fruits and revenues of its use.

Marginal note:For greater certainty

(5) For greater certainty, a Minister may have the administration of federal real property or federal immovables for the purposes of any department of which that Minister is the Minister.

Marginal note:Signature is evidence

(5.1) Despite subsections (1) to (3), if a Minister is satisfied that the federal real property or federal immovable described in an instrument or act referred to in section 5 or 11, a licence referred to in section 6 or a plan referred to in section 7 is under the Minister’s administration, that property is deemed to be under the administration of the Minister and the signature of the Minister on the instrument, act, licence or plan is conclusive evidence that the Minister is so satisfied.

Marginal note:Administration by corporation

(6) If, by or under any Act or any order of the Governor in Council, a corporation has, by the use of any expression mentioned in subsection (2) or any similar expression, the right to the use of any federal real property or federal immovable, and no Minister has the administration of the property, the corporation has, for the purposes of paragraphs 16(1)(g) and (h) and (2)(g), the administration of that property.

21. Subsections 19(1) and (2) of the Act are replaced by the following:

Marginal note:Defence property vested in Her Majesty

19. (1) Such of the real property and immovables mentioned in the schedule to the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by whatever mode of conveyance it was acquired or taken and whether in fee, for life, for years or otherwise, and all the appurtenances of the real property and the accessories and dependencies of the immovables, unless disposed of since that date, continue absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950.

Marginal note:Disposition of defence property

(2) Until the Governor in Council provides otherwise, federal real property and federal immovables that are declared by the Governor in Council to be necessary for the defence of Canada shall not be disposed of, but the Governor in Council may authorize the lease or other use of any such property as the Governor in Council thinks best for the advantage of Canada.

22. Section 20 of the Act is replaced by the following:

Marginal note:Grants or concessions to deceased persons not null or void

20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person’s lifetime.

23. Section 21 of the French version of the Act is replaced by the following:

Marginal note:Correction

21. Si la concession de l’État comporte une erreur d’écriture, une fausse appellation, une description incorrecte ou défectueuse de l’immeuble ou du bien réel, une omission dans les conditions ou tout autre vice, le ministre de la Justice peut, en l’absence de revendication contraire, ordonner que la concession défectueuse soit annulée et remplacée par une concession correcte; cette dernière a dès lors la même valeur que si elle avait été octroyée à la date de la concession annulée.

24. Subsection 22(1) of the Act is replaced by the following:

Marginal note:Relief from inconsistent transactions

22. (1) Where, through error, inconsistent transactions relating to the same federal real property or federal immovable have been entered into, the Governor in Council may

(a) order a new grant of federal real property, or a new concession of a federal immovable, of such value as the Governor in Council considers just and equitable, to be made to any person deprived as a result of the error;

(b) make a new transfer of administration and control of federal real property, or of federal immovables, of such value as the Governor in Council considers just and equitable, to Her Majesty in any right other than Canada to provide relief from the error;

(c) in the case of a sale, lease or licence, order a refund to be made of any money paid on account of the sale, lease or licence, with interest at a rate established in the manner prescribed by the Governor in Council; or

(d) where the property was transferred by or from the original holder or has been improved before the discovery of the error, or where an original Crown grant was a free grant, order a new grant of any federal real property, or a new concession of any federal immovable, that the Governor in Council considers just and equitable to be made to the original holder.

PART 4R.S., c. B-3 AMENDMENTS TO THE BANKRUPTCY AND INSOLVENCY ACT

Marginal note:1997, c. 12, s. 1(1)

25. The definition “secured creditor” in subsection 2(1) of the Bankruptcy and Insolvency Act is replaced by the following:

“secured creditor”

« créancier garanti »

“secured creditor” means a person holding a mortgage, hypothec, pledge, charge or lien on or against the property of the debtor or any part of that property as security for a debt due or accruing due to the person from the debtor, or a person whose claim is based on, or secured by, a negotiable instrument held as collateral security and on which the debtor is only indirectly or secondarily liable, and includes

(a) a person who has a right of retention or a prior claim constituting a real right, within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, on or against the property of the debtor or any part of that property, or

(b) any of

(i) the vendor of any property sold to the debtor under a conditional or instalment sale,

(ii) the purchaser of any property from the debtor subject to a right of redemption, or

(iii) the trustee of a trust constituted by the debtor to secure the performance of an obligation,

if the exercise of the person’s rights is subject to the provisions of Book Six of the Civil Code of Québec entitled Prior Claims and Hypothecs that deal with the exercise of hypothecary rights;

26. Paragraph 5(3)(c) of the English version of the Act is replaced by the following:

(c) where not otherwise provided for, require the deposit of one or more continuing guaranty bonds or continuing suretyships as security for the due accounting of all property received by trustees and for the due and faithful performance by them of their duties in the administration of estates to which they are appointed, in any amount that the Superintendent may determine, which amount may be increased or decreased as the Superintendent may deem expedient, and the security shall be in a form satisfactory to the Superintendent and may be enforced by the Superintendent for the benefit of the creditors;

27. Subsection 50(4) of the English version of the Act is replaced by the following:

Marginal note:Proposal, etc., not to be withdrawn

(4) No proposal or any security, guarantee or suretyship tendered with the proposal may be withdrawn pending the decision of the creditors and the court.

28. Section 75 of the French version of the Act is replaced by the following:

Marginal note:La loi provinciale s’applique en faveur de l’acheteur moyennant valeur

75. Nonobstant les autres dispositions de la présente loi, un acte, transport, transfert, contrat de vente, charge ou hypothèque, consenti à un acheteur ou à un créancier hypothécaire de bonne foi, ou consenti en sa faveur, pour contrepartie valable et suffisante, et couvrant des biens immeubles visés par une ordonnance de séquestre ou une cession en vertu de la présente loi, est valable et efficace selon sa teneur et selon les lois de la province dans laquelle ces biens sont situés, aussi pleinement et efficacement, et pour toutes fins et intentions, que si aucune ordonnance de séquestre n’avait été rendue ou cession faite en vertu de la présente loi, à moins que l’ordonnance de séquestre, la cession, ou un avis de cette ordonnance ou de cette cession, ou un avis, n’ait été enregistré contre les biens au bureau approprié, antérieurement à l’enregistrement de l’acte, du transport, du transfert, du contrat de vente, de la charge ou de l’hypothèque, conformément aux lois de la province où sont situés les biens.

29. Subsection 94(4) of the Act is replaced by the following:

Definition of “assignment”

(4) For the purposes of this section, “assignment” includes assignment by way of security, hypothec and other charges on book debts.

30. Subsection 120(6) of the Act is replaced by the following:

Marginal note:Special services

(6) An inspector duly authorized by the creditors or by the other inspectors to perform special services for the estate may be allowed a special fee for those services, subject to approval of the court, which may vary that fee as it deems proper having regard to the nature of the services rendered in relation to the obligations of the inspector to the estate to act in good faith for the general interests of the administration of the estate.

31. Paragraph 136(1)(e) of the Act is replaced by the following:

(e) municipal taxes assessed or levied against the bankrupt, within the two years immediately preceding the bankruptcy, that do not constitute a secured claim against the real property or immovables of the bankrupt, but not exceeding the value of the interest of the bankrupt in the property in respect of which the taxes were imposed as declared by the trustee;

32. Paragraph 178(1)(d) of the Act is replaced by the following:

(d) any debt or liability arising out of fraud, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity or, in the Province of Quebec, as a trustee or administrator of the property of others;

33. (1) The portion of subsection 183(1) of the French version of the Act before paragraph (a) is replaced by the following:

Marginal note:Tribunaux compétents

183. (1) Les tribunaux suivants possèdent la compétence en droit et en equity qui doit leur permettre d’exercer la juridiction de première instance, auxiliaire et subordonnée en matière de faillite et en d’autres procédures autorisées par la présente loi durant leurs termes respectifs, tels que ces termes sont maintenant ou peuvent par la suite être tenus, pendant une vacance judiciaire et en chambre :

(2) Paragraph 183(1)(b) of the Act is repealed.

(3) Subsection 183(2) of the Act is replaced by the following:

Marginal note:Superior Court jurisdiction in the Province of Quebec

(1.1) In the Province of Quebec, the Superior Court is invested with the jurisdiction that will enable it to exercise original, auxiliary and ancillary jurisdiction in bankruptcy and in other proceedings authorized by this Act during its term, as it is now, or may be hereafter, held, and in vacation and in chambers.

Marginal note:Courts of appeal — common law provinces

(2) Subject to subsection (2.1), the courts of appeal throughout Canada, within their respective jurisdictions, are invested with power and jurisdiction at law and in equity, according to their ordinary procedures, except as varied by this Act or the General Rules, to hear and determine appeals from the courts vested with original jurisdiction under this Act.

Marginal note:Court of Appeal of the Province of Quebec

(2.1) In the Province of Quebec, the Court of Appeal, within its jurisdiction, is invested with power and jurisdiction, according to its ordinary procedures, except as varied by this Act or the General Rules, to hear and determine appeals from the Superior Court.

PART 5R.S., c. C-50; 1990, c. 8, s. 21 AMENDMENTS TO THE CROWN LIABILITY AND PROCEEDINGS ACT

34. (1) The definition “tort” in section 2 of the Crown Liability and Proceedings Act is repealed.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

“liability”

« responsabilité »

“liability”, for the purposes of Part 1, means

(a) in the Province of Quebec, extracontractual civil liability, and

(b) in any other province, liability in tort;

35. The Act is amended by adding the following after section 2:

Definition of “person”

2.1 For the purposes of sections 3 to 5, “person” means a natural person of full age and capacity other than Her Majesty in right of Canada or a province.

36. Section 3 of the Act and the heading before it are replaced by the following:

Liability and Civil Salvage

Marginal note:Liability

3. The Crown is liable for the damages for which, if it were a person, it would be liable

(a) in the Province of Quebec, in respect of

(i) the damage caused by the fault of a servant of the Crown, or

(ii) the damage resulting from the act of a thing in the custody of or owned by the Crown or by the fault of the Crown as custodian or owner; and

(b) in any other province, in respect of

(i) a tort committed by a servant of the Crown, or

(ii) a breach of duty attaching to the ownership, occupation, possession or control of property.

37. Section 4 of the Act is replaced by the following:

Marginal note:Motor vehicles

4. The Crown is liable for the damage sustained by anyone by reason of a motor vehicle, owned by the Crown, on a highway, for which the Crown would be liable if it were a person.

38. Subsection 5(1) of the Act is replaced by the following:

Marginal note:Civil salvage

5. (1) Subject to subsection (2), the law relating to civil salvage, whether of life or property (except sections 453 to 456, 459 to 463 and 465 of the Canada Shipping Act), applies in relation to salvage services rendered in assisting any Crown ship or aircraft, or in saving life from the ship or aircraft, or in saving any cargo or apparel belonging to the Crown, in the same manner as if the ship, aircraft, cargo or apparel belonged to a person.

39. Section 9 of the French version of the Act is replaced by the following:

Marginal note:Incompatibilité entre recours et droit à une pension ou indemnité

9. Ni l’État ni ses préposés ne sont susceptibles de poursuites pour toute perte — notamment décès, blessure ou dommage — ouvrant droit au paiement d’une pension ou indemnité sur le Trésor ou sur des fonds gérés par un organisme mandataire de l’État.

40. Sections 10 and 11 of the Act are replaced by the following:

Marginal note:Liability for acts of servants

10. No proceedings lie against the Crown by virtue of subparagraph 3(a)(i) or (b)(i) in respect of any act or omission of a servant of the Crown unless the act or omission would, apart from the provisions of this Act, have given rise to a cause of action for liability against that servant or the servant’s personal representative or succession.

Marginal note:Motor vehicles

11. No proceedings lie against the Crown by virtue of section 4 in respect of damage sustained by any person by reason of a motor vehicle on a highway unless the driver of the motor vehicle or the driver’s personal representative or succession is liable for the damage so sustained.

41. Section 13 of the Act is replaced by the following:

Marginal note:Application of subparagraphs 3(a)(ii) and (b)(ii)

13. (1) Subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of any property owned by the Crown unless the Crown or a person acting for the Crown has, in fact,

(a) in the case of personal property and movables, taken physical control of it; and

(b) in the case of real property or immovables, entered into occupation of it.

Marginal note:Effect of orders

(2) Where the Governor in Council has, by order published in the Canada Gazette, declared that the Crown has, before, on or after November 15, 1954, ceased to be in control or in occupation of any property specified in paragraphs (1)(a) and (b), subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of the specified property from the day of publication of the order until the day the order is revoked.

42. Section 14 of the Act is replaced by the following:

Marginal note:Proceedings in rem

14. Nothing in this Act

(a) authorizes proceedings in rem in respect of any claim against the Crown;

(b) authorizes the arrest, detention or sale of any Crown ship or aircraft, or of any cargo or other property belonging to the Crown; or

(c) gives to any person any lien on, or cause of preference on or in respect of, any ship, aircraft, cargo or other property belonging to the Crown.

43. Subsection 17(1) of the French version of the Act is replaced by the following:

Marginal note:Responsabilité de l’État

17. (1) Sous réserve du paragraphe (2), l’État est d’une part responsable de tout dommage ou de toute perte occasionnés à autrui, directement ou indirectement, du fait de l’interception intentionnelle d’une communication privée effectuée — au moyen d’un dispositif d’interception — par l’un de ses préposés dans l’exercice de ses fonctions, et d’autre part astreint à des dommages-intérêts punitifs n’excédant pas cinq mille dollars pour chacune des victimes.

Marginal note:1993, c. 40, s. 21(1)

44. The portion of subsection 18(1) of the French version of the Act before paragraph (a) is replaced by the following:

Marginal note:Responsabilité en cas de révélation

18. (1) Sous réserve du paragraphe (2), l’État est responsable, en sus de dommages-intérêts punitifs d’un montant maximal de cinq mille dollars, de tout dommage ou de toute perte causés à autrui du fait de l’obtention de renseignements relatifs à une communication privée ou une communication radiotéléphonique interceptée, au moyen d’un dispositif d’interception, par l’un de ses préposés dans l’exercice de ses fonctions mais sans le consentement exprès ou tacite de l’auteur ou du destinataire, lorsque le préposé délibérément :

Marginal note:1990, c. 8, s. 28

45. Subsection 21(1) of the Act is replaced by the following:

Marginal note:Concurrent jurisdiction of provincial court

21. (1) In all cases where a claim is made against the Crown, except where the Federal Court has exclusive jurisdiction with respect to it, the superior court of the province in which the claim arises has concurrent jurisdiction with respect to the subject-matter of the claim.

Marginal note:1990, c. 8, s. 28

46. Subsection 22(1) of the French version of the Act is replaced by the following:

Marginal note:Déclaration de droits

22. (1) Le tribunal ne peut, lorsqu’il connaît d’une demande visant l’État, assujettir celui-ci à une injonction ou à une ordonnance d’exécution en nature mais, dans les cas où ces recours pourraient être exercés entre personnes, il peut, pour en tenir lieu, déclarer les droits des parties.

Marginal note:1990, c. 8, s. 29

47. Subsection 23(2) of the French version of the Act is replaced by the following:

Marginal note:Signification de l’acte introductif d’instance

(2) Dans les cas visés au paragraphe (1), la signification à l’État de l’acte introductif d’instance est faite au sous-procureur général du Canada ou au premier dirigeant de l’organisme concerné, selon le cas.

48. Paragraph 24(a) of the Act is replaced by the following:

(a) any defence that would be available if the proceedings were a suit or an action between persons in a competent court; and

Marginal note:1990, c. 8, s. 31

49. Section 29 of the French version of the Act is replaced by the following:

Marginal note:Absence d’exécution forcée contre l’État

29. Les jugements rendus contre l’État ne sont pas susceptibles d’exécution forcée.

Marginal note:1990, c. 8, s. 31

50. Subsection 30(1) of the French version of the Act is replaced by the following:

Marginal note:Paiement en exécution d’un jugement

30. (1) Sur réception d’un certificat réglementaire, le ministre des Finances autorise le paiement, sur le Trésor, de toute somme d’argent accordée à une personne, par jugement contre l’État.

Marginal note:1990, c. 8, s. 31

51. (1) Paragraphs 31(2)(a) and (b) of the French version of the Act are replaced by the following:

a) s’il s’agit d’une créance liquide, depuis la ou les dates du ou des faits générateurs jusqu’à la date de l’ordonnance de paiement;

b) si la créance n’est pas liquide, depuis la date à laquelle le créancier a avisé par écrit l’État de sa demande jusqu’à la date de l’ordonnance de paiement.

Marginal note:1990, c. 8, s. 31

(2) Subsection 31(3) of the Act is replaced by the following:

Marginal note:Special damages and pre-trial pecuniary losses

(3) When an order referred to in subsection (2) includes an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, the interest shall be calculated under that subsection on the balance of the amount as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order.

Marginal note:1990, c. 8, s. 31

52. Subsection 31.1(1) of the English version of the Act is replaced by the following:

Marginal note:Judgment interest, causes of action within province

31.1 (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments against the Crown in respect of any cause of action arising in that province.

PART 6 MISCELLANEOUS AMENDMENTS TO OTHER ACTS

R.S., c. A-2Aeronautics Act

Marginal note:R.S., c. 33 (1st Supp), s. 1

53. Subsection 4.4(5) of the English version of the Aeronautics Act is replaced by the following:

Marginal note:Joint and several or solidary liability

(5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge.

Marginal note:R.S., c. 33 (1st Supp), s. 1

54. Subsection 5.7(1) of the French version of the Act is replaced by the following:

Marginal note:Avis d’entrée

5.7 (1) Dans le cas d’un bien-fonds ou d’éléments s’y trouvant qui sont utilisés ou détenus en violation d’un règlement de zonage, le ministre peut, par avis écrit, informer leur propriétaire ou locataire que si, avant la date fixée — celle-ci ne pouvant être antérieure au trentième jour suivant la date où l’avis est signifié ou publié pour la dernière fois dans les conditions prévues au paragraphe (2) —, il n’y a pas cessation définitive de la contravention, ou enlèvement ou modification des éléments en cause conformément à l’avis, il a l’intention d’entrer sur le bien-fonds et de prendre les mesures justifiables en la circonstance pour faire cesser cette contravention ou procéder à l’enlèvement ou à la modification.

1992, c. 5Airport Transfer (Miscellaneous Matters) Act

Marginal note:1992, c. 42, s. 3

55. Subsection 9(4) of the English version of the Airport Transfer (Miscellaneous Matters) Act is replaced by the following:

Marginal note:Release on security

(4) A designated airport authority shall release from detention an aircraft seized under subsection (1) or (2) if a bond, suretyship or other security in a form satisfactory to the authority for the amount in respect of which the aircraft was seized is deposited with the authority.

R.S., c. 8 (4th Supp.)Animal Pedigree Act

56. (1) Paragraph 12(a) of the Animal Pedigree Act is replaced by the following:

(a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs;

(2) Paragraph 12(c) of the Act is replaced by the following:

(c) mortgage or hypothecate, or create any security interest in, all or any property of the association to secure any obligation of the association.

57. (1) Paragraph 38(a) of the Act is replaced by the following:

(a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs;

(2) Paragraph 38(c) of the Act is replaced by the following:

(c) mortgage or hypothecate, or create any security interest in, all or any property of the Corporation to secure any obligation of the Corporation.

R.S., c. B-2Bank of Canada Act

Marginal note:1999, c. 28, s. 95(2)

58. (1) Paragraphs 18(h) and (i) of the Bank of Canada Act are replaced by the following:

(h) make loans or advances for periods not exceeding six months to banks or authorized foreign banks that are not subject to the restrictions and requirements referred to in subsection 524(2) of the Bank Act or to other members of the Canadian Payments Association that maintain deposits with the Bank on the pledge, hypothecation or movable hypothec without delivery of the classes of securities mentioned in paragraphs (a) to (g), bills of exchange or promissory notes or any other property that the institution to which the loan or advance is made is authorized to hold;

(i) make loans or advances for periods not exceeding six months to the Government of Canada or the government of any province on the pledge, hypothecation or movable hypothec without delivery of readily marketable securities issued or guaranteed by Canada or any province;

Marginal note:1997, c. 15, s. 98(3)

(2) Paragraph 18(n) of the Act is replaced by the following:

(n) acquire, hold, lease or dispose of real property or immovables;

59. (1) Paragraph 23(c) of the Act is replaced by the following:

(c) lend or make advances on the security of any real property or immovable, except that, in the event of any claims of the Bank being in the opinion of the Board endangered, the Bank may secure itself on any real property, or obtain security on any immovable, of the debtor or any other person liable and may acquire that property, which shall be resold as practicable after the acquisition;

(2) Paragraph 23(f) of the French version of the Act is replaced by the following:

f) de permettre le renouvellement d’effets arrivant à échéance, notamment lettres de change et billets à ordre, qu’elle a achetés ou escomptés ou qui lui ont été remis en gage, le conseil pouvant toutefois autoriser, par règlement, le renouvellement pour une seule fois d’effets dans des circonstances spéciales.

60. Paragraph 35(1)(e) of the French version of the Act is replaced by the following:

e) de façon générale, la gestion et la disposition du capital-actions, des biens et des affaires de la Banque.

1987, c. 19Bell Canada Act

61. Subsection 11(2) of the Bell Canada Act is replaced by the following:

Marginal note:Approval of disposal of facilities required

(2) Except in the ordinary course of the business of the Company, no facilities of the Company that are integral and necessary for the carrying on of telecommunications activities shall be sold or otherwise disposed of, or leased or loaned, without the prior approval of the Commission.

62. Section 14 of the Act is replaced by the following:

Marginal note:Deposit in office of the Registrar General

14. (1) A deed of trust creating mortgages, charges or encumbrances — or, in the Province of Quebec, an act constituting hypothecs — on the whole or any part of the property of the Company, present or future, as may be described in the deed or act and an assignment or other instrument or act in any way affecting the mortgage, hypothec or security shall be deposited in the office of the Registrar General of Canada and notice of the deposit shall immediately be given in the Canada Gazette.

Marginal note:Effect of compliance

(2) If subsection (1) has been complied with, it shall not be necessary for any purpose that the mortgage, hypothec, charge, encumbrance or assignment or any other instrument or act in any way affecting it be otherwise deposited, registered or filed under the provisions of any law respecting the deposit, registration or filing of instruments or acts affecting property.

R.S., c. 20 (4th Supp.)Canada Agricultural Products Act

63. Section 31 of the Canada Agricultural Products Act is replaced by the following:

Marginal note:Evidence of financial responsibility

31. The Minister may require any person or class of persons marketing agricultural products in import, export or interprovincial trade to provide evidence of financial responsibility in any form, including an insurance or indemnity bond, or a suretyship, that is satisfactory to the Minister.

64. Subparagraph 32(b)(v) of the English version of the Act is replaced by the following:

(v) requiring dealers or operators of establishments to post bonds or to provide suretyships, or to provide other security satisfactory to the Minister, as a guarantee that they will comply with the terms and conditions of any licence or registration issued to them and providing for the forfeiture of the bonds, suretyships or other security if they fail to comply with those terms and conditions;

R.S., c. C-2Canada Council Act

Marginal note:

65. Subsection 17(1) of the Canada Council Act is replaced by the following:

Marginal note:Property and investments

17. (1) The Council may, for the purposes of this Act, acquire, hold, manage and dispose of real, personal, movable and immovable property and, subject to this Act and on the advice of the Investment Committee, may invest in any manner it sees fit any money standing to the credit of the Endowment Fund or the University Capital Grants Fund or received by the Council by gift, bequest or otherwise, and may hold, manage and dispose of the investment.

66. Section 18 of the French version of the Act is replaced by the following:

Marginal note:Libéralités

18. Le Conseil peut, par don, legs ou autre mode de libéralités, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières, et, malgré toute disposition contraire de la présente loi, employer ou gérer la partie de ces biens non affectée à la Caisse de dotation ou au Fonds d’assistance financière aux universités, ou en disposer, pourvu qu’il respecte les conditions dont sont assorties ces libéralités.

R.S., c. C-8Canada Pension Plan

Marginal note:1997, c. 40, s. 80

67. Subsection 66(2.6) of the Canada Pension Plan is replaced by the following:

Marginal note:Charge on land

(2.6) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2.3) or (2.4) may be recorded for the purpose of creating security, or a charge, lien or legal hypothec, on land in a province, or on an interest in land in a province, held or owned by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or legal hypothec, on land, or an interest in land, held or owned by the person.

1991, c. 16Canadian Centre for Management Development Act

68. (1) Paragraph 5(a) of the Canadian Centre for Management Development Act is replaced by the following:

(a) acquire, manage, maintain, design and operate programs for management development and acquire personal and movable property;

(2) Paragraph 5(f) of the French version of the Act is replaced by the following:

f) rendre disponibles, notamment par vente ou octroi de licence, les droits d’auteurs, marques de commerce ou droits de propriété analogues détenus par lui ou placés sous son administration ou son contrôle;

(3) Paragraph 5(h) of the Act is replaced by the following:

(h) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and

69. Paragraph 18(1)(b) of the French version of the Act is replaced by the following:

b) pour rendre disponibles, notamment par vente ou octroi de licence, les droits d’auteurs, marques de commerce ou droits de propriété analogues détenus par le Centre ou placés sous son administration ou son contrôle.

1990, c. 13Canadian Space Agency Act

70. (1) Paragraph 5(3)(a) of the English version of the Canadian Space Agency Act is replaced by the following:

(a) construct, acquire, manage, maintain and operate space research and development vehicles, facilities and systems;

(2) Paragraph 5(3)(f) of the French version of the Act is replaced by the following:

f) rendre disponibles, notamment par vente ou octroi de licence, les brevets, droits d’auteur, dessins industriels, marques de commerce, secrets industriels ou droits de propriété analogues placés sous l’administration et le contrôle du ministre;

(3) Paragraph 5(3)(h) of the Act is replaced by the following:

(h) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of any such money, securities or property subject to the terms, if any, on which the gift or bequest was made;

71. (1) Paragraph 10(1)(b) of the French version of the Act is replaced by the following:

b) à la disposition desquelles elle met des brevets, droits d’auteur, dessins industriels, marques de commerce, secrets industriels ou droits de propriété analogues, ou à qui elle octroie une licence relative à ceux-ci.

(2) Subsection 10(5) of the French version of the Act is replaced by the following:

Marginal note:Utilisation

(5) Avec l’agrément du Conseil du Trésor, l’Agence peut utiliser les redevances ou droits pour compenser les coûts découlant, au cours du même exercice, des services, installations ou droits de propriété pour lesquels ils sont perçus.

R.S., c. D-1Defence Production Act

72. The portion of section 20 of the Defence Production Act before paragraph (b) is replaced by the following:

Marginal note:Title to government issue or building

20. If, by the terms of a defence contract, it is provided that title to any government issue or building furnished or made available to a person or obtained or constructed by the person with money provided by Her Majesty or an agent of Her Majesty or an associated government remains vested or vests in Her Majesty or in an associated government free and clear of all claims, liens, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances, then, despite any law in force in any province,

(a) the title to the government issue or building remains vested or vests in accordance with the terms of the contract free and clear of all claims, liens, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances; and

1995, c. 1Department of Industry Act

73. Section 12 of the Department of Industry Act is replaced by the following:

Marginal note:Special statutory references

12. Where in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any instrument of trust, mortgage, hypothec, bond, suretyship, charge, lease, sale, bailment, pledge, assignment, surrender or other instrument, document or record or copy thereof, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for such filing or registration.

1996, c. 23Employment Insurance Act

74. Subsection 42(1) of the French version of the Employment Insurance Act is replaced by the following:

Marginal note:Incessibilité des prestations

42. (1) Sous réserve des paragraphes (2) et (3), les prestations ne peuvent être cédées, grevées, saisies ni données en garantie et toute opération en ce sens est nulle.

75. Paragraph 61(1)(b) of the English version of the Act is replaced by the following:

(b) loans, loan guarantees or suretyships;

76. Paragraph 65(b) of the English version of the Act is replaced by the following:

(b) an amount paid on a guarantee or suretyship of a loan made to the person; and

77. Subsection 86(5) of the French version of the Act is replaced by the following:

Marginal note:Garantie

(5) Le ministre peut, s’il le juge opportun dans un cas particulier, accepter en garantie du paiement de cotisations une hypothèque ou une charge sur les biens de l’employeur ou d’une autre personne ou une autre garantie fournie par d’autres personnes.

Marginal note:1999, c. 17, s. 133

78. Subsection 102(13) of the English version of the Act is replaced by the following:

Marginal note:Proof of documents

(13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage, release of hypothec or other document executed under, or in the course of the administration or enforcement of, this Part over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue or an officer authorized to exercise the powers or perform the duties of the Minister under this Part, is deemed to be a document signed, made and issued by the Minister, the Deputy Minister, the Commissioner or the officer unless it has been called into question by the Minister or by a person acting for the Minister or for Her Majesty.

R.S., c. E-9Energy Supplies Emergency Act

79. Paragraph 25(1)(d) of the French version of the Energy Supplies Emergency Act is replaced by the following:

d) concernant l’accumulation de réserves et de stock d’un produit contrôlé, leur entreposage et leur mode de disposition;

R.S., c. E-17Explosives Act

Marginal note:1993, c. 32, s. 5

80. Subsection 9(2.1) of the English version of the Explosives Act is replaced by the following:

Marginal note:Evidence of financial responsibility

(2.1) The Minister may require any person who engages or proposes to engage in the importation of explosives and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister.

R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act

81. Section 52 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:

Marginal note:Ranking of Her Majesty

52. When a judgment debtor is indebted to

(a) Her Majesty, or

(b) Her Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on behalf of the province,

Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any garnishable moneys that are payable to the judgment debtor notwithstanding that a garnishee summons in respect of those moneys has been served on the Minister, and the amount of the indebtedness may be recovered or retained in any manner authorized by law.

R.S., c. F-4; 1993, c. 3, s. 2Farm Products Agencies Act

82. Paragraph 22(1)(h) of the Farm Products Agencies Act is replaced by the following:

(h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

Marginal note:1993, c. 3, s. 12

83. Paragraph 42(1)(h) of the Act is replaced by the following:

(h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

R.S., c. F-9Feeds Act

84. Paragraph 5(k) of the French version of the Feeds Act is replaced by the following:

k) prévoir le mode de disposition des biens confisqués en application de l’article 9;

1995, c. 39Firearms Act

85. Paragraph (a) of the definition “business” in subsection 2(1) of the Firearms Act is replaced by the following:

(a) the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawnbroking, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition,

R.S., c. F-29Foreign Extraterritorial Measures Act

Marginal note:1996, c. 28, s. 7

86. Section 8.1 of the French version of the Foreign Extraterritorial Measures Act is replaced by the following:

Marginal note:Jugements exécutés à l’extérieur du Canada

8.1 Sur demande présentée par une partie ayant la qualité de citoyen canadien ou de personne résidant au Canada, de personne morale constituée sous le régime d’une loi fédérale ou provinciale ou de personne exerçant une activité au Canada contre laquelle a été rendu un jugement qui — n’était sa complète exécution à l’extérieur du Canada — pourrait faire l’objet d’un arrêté en vertu de l’article 8 ou un jugement fondé sur la loi des États-Unis intitulée Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, le procureur général du Canada peut déclarer, par arrêté, que cette partie est autorisée à recouvrer, en vertu de celles des dispositions de l’article 9 qu’il précise, la totalité ou une partie des sommes qu’elle a versées, des frais qu’elle a engagés ainsi que de toute perte ou de tout dommage qu’elle a subis.

Marginal note:1996, c. 28, s. 7

87. (1) Subparagraph 9(1)(a)(iii) of the Act is replaced by the following:

(iii) any loss or damage suffered by that party by reason of the enforcement of the judgment; and

Marginal note:1996, c. 28, s. 7

(2) Subparagraph 9(1)(b)(iv) of the Act is replaced by the following:

(iv) such proportion of any loss or damage suffered by that party by reason of the enforcement of the judgment as the Attorney General may specify.

R.S., c. G-10Canada Grain Act

Marginal note:1994, c. 45, s. 10

88. (1) Paragraph 45(1)(b) of the English version of the Canada Grain Act is replaced by the following:

(b) subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain produced by the holders.

Marginal note:1994, c. 45, s. 10

(2) Paragraph 45(2)(b) of the English version of the Act is replaced by the following:

(b) subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s obligations for the payment of money or the delivery of grain to holders of elevator receipts issued pursuant to this Act.

89. Paragraph 116(1)(k) of the English version of the Act is replaced by the following:

(k) respecting the security to be given, by way of bond, suretyship, insurance or otherwise, by applicants for licences and by licensees;

1990, c. 37Integrated Circuit Topography Act

Marginal note:

90. Paragraph 14(4)(a) of the Integrated Circuit Topography Act is replaced by the following:

(a) any lien for charges against the integrated circuit product or article, or any hypothecs, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec with respect to the integrated circuit product or article, that existed prior to the date of an order made under subsection (1) has effect only so far as may be consistent with the due execution of the judgment;

R.S., c. I-15Interest Act

91. Section 4 of the Interest Act is replaced by the following:

Marginal note:When per annum rate not stipulated

4. Except as to mortgages on real property or hypothecs on immovables, whenever any interest is, by the terms of any written or printed contract, whether under seal or not, made payable at a rate or percentage per day, week, month, or at any rate or percentage for any period less than a year, no interest exceeding the rate or percentage of five per cent per annum shall be chargeable, payable or recoverable on any part of the principal money unless the contract contains an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent.

92. Section 6 of the Act and the heading before it are replaced by the following:

INTEREST ON MONEYS SECURED BY MORTGAGE ON REAL PROPERTY OR HYPOTHEC ON IMMOVABLES

Marginal note:No interest recoverable in certain cases

6. Whenever any principal money or interest secured by mortgage on real property or hypothec on immovables is, by the mortgage or hypothec, made payable on a sinking fund plan, on any plan under which the payments of principal money and interest are blended or on any plan that involves an allowance of interest on stipulated repayments, no interest whatever shall be chargeable, payable or recoverable on any part of the principal money advanced, unless the mortgage or hypothec contains a statement showing the amount of the principal money and the rate of interest chargeable on that money, calculated yearly or half-yearly, not in advance.

93. Section 7 of the English version of the Act is replaced by the following:

Marginal note:No rate recoverable beyond that so stated

7. Whenever the rate of interest shown in the statement mentioned in section 6 is less than the rate of interest that would be chargeable by virtue of any other provision, calculation or stipulation in the mortgage or hypothec, no greater rate of interest shall be chargeable, payable or recoverable, on the principal money advanced, than the rate shown in the statement.

94. Subsection 8(1) of the Act is replaced by the following:

Marginal note:No fine, etc., allowed on payments in arrears

8. (1) No fine, penalty or rate of interest shall be stipulated for, taken, reserved or exacted on any arrears of principal or interest secured by mortgage on real property or hypothec on immovables that has the effect of increasing the charge on the arrears beyond the rate of interest payable on principal money not in arrears.

95. Section 10 of the Act is replaced by the following:

Marginal note:When no further interest payable

10. (1) Whenever any principal money or interest secured by mortgage on real property or hypothec on immovables is not, under the terms of the mortgage or hypothec, payable until a time more than five years after the date of the mortgage or hypothec, then, if at any time after the expiration of the five years, any person liable to pay, or entitled to pay in order to redeem the mortgage, or to extinguish the hypothec, tenders or pays, to the person entitled to receive the money, the amount due for principal money and interest to the time of payment, as calculated under sections 6 to 9, together with three months further interest in lieu of notice, no further interest shall be chargeable, payable or recoverable at any time after the payment on the principal money or interest due under the mortgage or hypothec.

Marginal note:When section not to apply

(2) Nothing in this section applies to any mortgage on real property or hypothec on immovables given by a joint stock company or other corporation, nor to any debenture issued by any such company or corporation, for the payment of which security has been given by way of mortgage on real property or hypothec on immovables.

1980-81-82-83, c. 85An Act to incorporate the Jules and Paul-Émile Léger Foundation

96. Paragraph 4(c) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following:

(c) subject to the terms, if any, under which the property was acquired, create any security interest in, or hypothecate, all or any property of the Foundation, owned or subsequently acquired, to secure any obligation of the Foundation.

R.S., c. L-1Labour Adjustment Benefits Act

97. Section 23 of the French version of the Labour Adjustment Benefits Act is replaced by the following:

Marginal note:Incessibilité des prestations

23. Les prestations d’adaptation ne peuvent être cédées, grevées, saisies ou données en garantie et, sous réserve des paragraphes 22(1) et 26(1), toute opération en ce sens est nulle.

1996, c. 9Law Commission of Canada Act

98. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following:

e) acquérir, par don, legs ou autre mode de libéralités, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les détenir, employer, investir ou gérer, ou en disposer, pourvu qu’elle respecte les conditions dont sont éventuellement assorties ces libéralités;

R.S., c. 25 (1st Supp.)Meat Inspection Act

99. Section 19 of the Meat Inspection Act is replaced by the following:

Marginal note:Evidence of financial responsibility

19. The Minister may require any person or class of persons importing meat products into Canada to provide evidence of financial responsibility in any form, including an insurance or indemnity bond, or a suretyship, that is satisfactory to the Minister.

R.S., c. 29 (3rd Supp.)Motor Vehicle Transport Act, 1987

100. (1) Paragraph 9(1)(g) of the English version of the Motor Vehicle Transport Act, 1987 is replaced by the following:

(g) prescribing the type, amount and conditions of insurance coverage and of bonding or suretyship coverage required to be held by an extra-provincial truck undertaking;

(2) Subsection 9(2) of the English version of the Act is replaced by the following:

Marginal note:Fitness criteria

(2) The criteria relating to the fitness of an applicant referred to in paragraph (1)(e) shall include requirements related to safety and insurance and may include requirements relating to bonding or suretyship coverage and to any other requirement relating to the fitness of an applicant to hold a licence.

R.S., c. N-3National Arts Centre Act

101. Paragraphs 10(a) and (b) of the National Arts Centre Act are replaced by the following:

(a) acquire real, personal, movable and immovable property, including securities, and hold, manage or dispose of them as the Corporation may determine;

(a.1) lease as lessee real, personal, movable and immovable property;

(b) acquire by gift, bequest or devise real, personal, movable and immovable property and, despite anything in this Act, expend, administer or dispose of any such property, subject to the terms, if any, on which it was given, bequeathed or devised to the Corporation;

R.S., c. N-7National Energy Board Act

102. (1) Paragraph 29(3)(b) of the National Energy Board Act is replaced by the following:

(b) a trustee — or the holder of a power of attorney within the meaning of the Civil Code of Québec — for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, secured under a trust deed, an act constituting a hypothec or other instrument or act, on or against the property of the company, if the trustee or holder is authorized by the instrument or act to carry on the business of the company, and

(2) Section 29 of the Act is amended by adding the following after subsection (3):

Marginal note:Administrator in Province of Quebec

(3.1) In the Province of Quebec the administrator of the property of the company appointed by a court of competent jurisdiction to carry on the business of the company is also deemed to be the company.

103. Paragraph 84(b) of the English version of the Act is replaced by the following:

(b) claims against a company for loss of life or injury to the person; or

104. Paragraph 86(2)(d) of the Act is replaced by the following:

(d) indemnification from all liabilities, damages, claims, suits and actions arising out of the operations of the company other than liabilities, damages, claims, suits and actions resulting from

(i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and

(ii) in any other province, the gross negligence or wilful misconduct of the owner of the lands;

105. Paragraph 111(b) of the Act is replaced by the following:

(b) subject to the provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on the pipeline or on that part of it.

106. Paragraph 114(1)(b) of the Act is replaced by the following:

(b) the creation of any lien, mortgage, hypothec, charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec with respect to property of the company;

(c) the sale, elsewhere than in the Province of Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company;

(d) the sale, in the Province of Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and

(e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph.

R.S., c. N-8National Film Act

107. (1) Paragraph 10(1)(c) of the National Film Act is replaced by the following:

(c) acquire personal property and movable property in the name of the Board;

(2) Paragraph 10(1)(e) of the Act is replaced by the following:

(e) dispose of personal property and movable property held in the name of the Board or administered by the Board on behalf of Her Majesty, in processed form or otherwise, at the price and on the terms that the Board considers advisable;

R.S., c. N-15National Research Council Act

108. Subsection 3(2) of the National Research Council Act is replaced by the following:

Marginal note:Council incorporated

(2) The Council is a body corporate that has power to acquire and hold real, personal, movable and immovable property for the purposes of and subject to this Act.

109. Paragraph 5(1)(f) of the French version of the Act is replaced by the following:

f) acquérir, par don, legs ou autre mode de libéralités, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont sont assorties ces libéralités;

R.S., c. N-21Natural Sciences and Engineering Research Council Act

110. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following:

Marginal note:Libéralités

16. Le Conseil peut, par don, legs ou autre mode de libéralités, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont sont assorties ces libéralités.

R.S., c. O-9Old Age Security Act

Marginal note:1997, c. 40, s. 105

111. Subsection 37(2.6) of the Old Age Security Act is replaced by the following:

Marginal note:Charge on land

(2.6) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2.3) or (2.4) may be recorded for the purpose of creating security, or a charge, lien or legal hypothec, on land in a province, or on an interest in land in a province, held or owned by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or legal hypothec, on land, or an interest in land, held or owned by the person.

R.S., c. P-8Pension Fund Societies Act

112. Section 15 of the Pension Fund Societies Act is replaced by the following:

Marginal note:No assignment of interest of members

15. The interest of any member of a pension fund society in the funds of the society is not transferable, and may not be charged by way of pledge, hypothecation or movable hypothec without delivery, or be sold or assigned in any manner.

R.S., c. P-10Pesticide Residue Compensation Act

113. Section 1 of the French version of the Pesticide Residue Compensation Act is replaced by the following:

Marginal note:Titre abrégé

1. Loi sur l’indemnisation du dommage causé par des pesticides.

114. The heading “INDEMNISATION DES DOMMAGES CAUSÉS PAR DES PESTICIDES” before section 3 of the French version of the Act is replaced by the following:

INDEMNISATION DU DOMMAGE CAUSÉ PAR DES PESTICIDES
115. Paragraph 3(1)(d) of the Act is replaced by the following:

(d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, the farmer’s employee, agent or mandatary or of a previous owner of the land on which the product was grown, or that previous owner’s employee, agent or mandatary.

116. Subsection 5(1) of the English version of the Act is replaced by the following:

Marginal note:Action by farmer

5. (1) No payment of compensation shall be made to a farmer under this Act in respect of a loss suffered by the farmer by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister considers necessary

(a) to reduce the loss suffered by the farmer by reason of that pesticide residue; and

(b) to pursue any legal action that the farmer may have against

(i) the manufacturer of the pesticide causing the residue in or on the product, or

(ii) every person responsible for the presence of the pesticide residue in or on the product.

R.S., c. S-8Seeds Act

Marginal note:R.S., c. 49 (1st Supp.), s. 4(2)

117. Paragraph 4(1)(h.5) of the Seeds Act is replaced by the following:

(h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;

R.S., c. S-12Social Sciences and Humanities Research Council Act

118. Section 17 of the French version of the Social Sciences and Humanities Research Council Act is replaced by the following:

Marginal note:Libéralités

17. Le Conseil peut, par don, legs ou autre mode de libéralités, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont sont assorties ces libéralités.

119. Section 18 of the Act is replaced by the following:

Marginal note:Property

18. The Council may, for the purposes of this Act, acquire, hold, manage and dispose of real, personal, movable and immovable property and, subject to this Act, and on the advice of the Investment Committee, may invest in any manner it sees fit any money received by the Council by gift, bequest or otherwise and may hold, manage and dispose of the investment.

1992, c. 17Special Economic Measures Act

Marginal note:

120. Subsection 5(3) of the Special Economic Measures Act is replaced by the following:

Marginal note:Existing equities maintained

(3) All secured and unsecured rights and interests held by persons, other than

(a) a foreign state to which the order referred to in subsection (1) applies,

(b) persons in that foreign state, and

(c) nationals of that foreign state who do not ordinarily reside in Canada,

are entitled to the same ranking with respect to the rights and interests of Her Majesty and the owner in the proceeds of the sale referred to in subsection (2) as they would have been entitled to had this section not been enacted.

R.S., c. S-18State Immunity Act

121. (1) Paragraph 6(a) of the English version of the State Immunity Act is replaced by the following:

(a) any death or personal or bodily injury, or

(2) Paragraph 6(b) of the French version of the Act is replaced by the following:

b) des dommages aux biens ou perte de ceux-ci survenus au Canada.

1993, c. 38Telecommunications Act

122. Subsection 72(1) of the French version of the Telecommunications Act is replaced by the following:

Marginal note:Recouvrement de dommages- intérêts

72. (1) Sous réserve des limites de responsabilité fixées sous le régime de la présente loi ou de toute autre loi, quiconque a subi une perte ou un dommage par suite d’un manquement soit aux dispositions de la présente loi ou d’une loi spéciale, soit à une décision ou un règlement pris au titre de celles-ci, peut en poursuivre, devant le tribunal compétent, le recouvrement contre le contrevenant ou celui qui a ordonné ou autorisé le manquement, ou qui y a consenti ou participé.

Marginal note:1998, c. 8, s. 10

123. Subsection 74.1(7) of the Act is replaced by the following:

Marginal note:Liability for costs

(7) Any persons convicted in respect of the forfeited apparatus are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that have been forfeited to Her Majesty under this section.

R.S., c. T-14Trade Unions Act

124. Paragraph 4(1)(e) of the English version of the Trade Unions Act is replaced by the following:

(e) to secure by bond or suretyship the performance of any of the agreements mentioned in paragraphs (a) to (d).

125. Subsections 15(1) and (2) of the English version of the Act are replaced by the following:

Marginal note:Powers relating to land

15. (1) Any trade union registered under this Act may purchase, or take on lease, in the names of the trustees of the trade union, any land not exceeding one acre, and may sell, exchange, mortgage, hypothecate or lease the land.

Marginal note:Authority of trustees

(2) No purchaser, assignee, mortgagee, hypothecary creditor or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage, hypothec or lease, and the receipt of the trustees is a discharge for the money arising from the sale, exchange, mortgage, hypothec or lease.

R.S., c. V-1Department of Veterans Affairs Act

126. (1) Paragraph 5(1)(a) of the French version of the Department of Veterans Affairs Act is replaced by the following:

a) en ce qui concerne la gestion et le contrôle de tout hôpital, atelier, foyer, école ou autre établissement appartenant à Sa Majesté ou utilisé par elle, en vue de soigner, de traiter ou de former des personnes ayant servi dans les Forces canadiennes ou dans la marine, l’armée de terre ou l’aviation de Sa Majesté ou de l’un de ses alliés ainsi que les personnes habilitées à y recevoir de tels services ou bénéficiant de prestations du ministère;

(2) Paragraph 5(1)(c) of the Act is replaced by the following:

(c) for the marking or stamping of artificial limbs or appliances issued from the Department, and to prevent the removal or defacement of the stamps or marks or the use of any counterfeit of the stamps or marks, and to prevent the purchase, sale or other disposal or possession of the artificial limbs or appliances without the authority of the Minister; to forbid any false statement, suggestion or representation with respect to any artificial limbs, appliances or other goods manufactured in or for or issued from the Department;

R.S., c. V-2Visiting Forces Act

127. Subsection 22(2) of the Visiting Forces Act is replaced by the following:

Marginal note:Salaries

(2) A member of a visiting force is exempt from taxation in Canada on the salary and emoluments paid to the member as a member by a designated state and in respect of any tangible personal or corporeal movable property that is in Canada temporarily by reason of the member’s presence in Canada as a member.

R.S., c. W-9; 1994, c. 23, s. 2(F)Canada Wildlife Act

Marginal note:1994, c. 23, s. 13

128. Section 11.5 of the English version of the Canada Wildlife Act is replaced by the following:

Marginal note:Liability for costs

11.5 The lawful owner and any person who is lawfully entitled to the possession of anything seized, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of its disposition that have been forfeited to Her Majesty under this Act.

PART 7 CONSEQUENTIAL AMENDMENTS

1999, c. 17Canada Customs and Revenue Agency Act

129. Paragraph 30(1)(c) of the Canada Customs and Revenue Agency Act is replaced by the following:

(c) Agency real property and Agency immovables as defined in section 73; and

130. (1) Paragraph 60(2)(a) of the French version of the Act is replaced by the following:

a) pour la vente, l’échange, la location, le prêt, le transfert ou toute autre disposition de biens, y compris les biens réels de l’Agence, au sens de l’article 73;

(2) Subsection 60(2) of the Act is amended by adding the following after paragraph (a):

(a.1) payments for the sale, exchange, loan, transfer or other disposition of property, and the leasing of property, including Agency immovables as defined in section 73;

131. The heading before section 73 and sections 73 to 84 of the Act are replaced by the following:

REAL PROPERTY AND IMMOVABLES

Marginal note:Definitions

73. The definitions in this section apply in this section and in sections 74 to 84.

“administration”

« gestion »

“administration” means the right to use, manage, construct, maintain or repair real property and immovables.

“Agency immovable”

« immeubles de l’Agence »

“Agency immovable” means an immovable under the administration of the Agency.

“Agency real property”

« biens réels de l’Agence »

“Agency real property” means real property under the administration of the Agency.

“immovable”

« immeuble »

“immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.

“licence”

« permis »

“licence” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.

“real property”

« biens réels »

“real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.

Marginal note:Administration of real property and immovables

74. (1) The Agency has the administration of

(a) real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise; and

(b) immovables acquired by the Agency by purchase, transfer, gift, legacy or otherwise and immovables of which it is the lessee.

Marginal note:Title

(2) Agency real property and Agency immovables are the property of the Crown and title may be held in the name of Her Majesty in right of Canada or in the name of the Agency.

Marginal note:Transfer of administration of real property and immovables

(3) For greater certainty, where the administration of any real property or immovable is transferred to the Agency, that real property or immovable is Agency real property or an Agency immovable.

Marginal note:Acquisition and leasing of real property and immovables

75. (1) The Agency may, in its own name or in the name of Her Majesty in right of Canada,

(a) acquire real property by purchase, lease, gift, devise or otherwise; and

(b) acquire immovables by purchase, gift, legacy or otherwise and lease immovables as lessee.

Marginal note:Disposition and leasing of real property and immovables

(2) The Agency may

(a) dispose of Agency real property by sale, lease, gift or otherwise; and

(b) dispose of Agency immovables by sale, gift or otherwise and lease Agency immovables as lessor.

Marginal note:Transactions with Her Majesty

(3) The Agency may, as if it were not an agent of Her Majesty,

(a) acquire real property from, or dispose of Agency real property to, Her Majesty by deed, lease or otherwise; and

(b) acquire immovables from, and dispose of Agency immovables to, Her Majesty, by act or otherwise, and lease immovables from, or lease Agency immovables to, Her Majesty.

Marginal note:Licences

76. The Agency may give, acquire, relinquish or accept the relinquishment of a licence.

Marginal note:Transfers to provinces

77. (1) The Agency may transfer to Her Majesty in right of a province the administration and control of any Agency real property and Agency immovables.

Marginal note:Transfers from provinces

(2) The Agency may accept a transfer of the administration and control of any real property or immovables held by Her Majesty in right of a province.

Marginal note:Grants and concessions

78. (1) Agency real property may be granted and Agency immovables may be conceded

(a) by letters patent under the Great Seal;

(b) by an instrument of grant or an act of concession stating that it has the same force and effect as if it were letters patent;

(c) by a plan if, under the laws of Canada or a province, a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables;

(d) by any instrument or act by which, under the laws in force in the province in which they are situated, real property or immovables may be transferred by a natural person; or

(e) by any instrument or act by which, under the laws in force in a jurisdiction outside Canada in which they are situated, real property or immovables may be transferred.

Marginal note:Leases

(2) A leasehold estate in Agency real property within Canada may also be granted and a lease of Agency immovables within Canada may also be conceded by a lease that is not an instrument or act referred to in paragraph (1)(a) or (b), whether or not it is an instrument or act by which real property or immovables in a province may be transferred by a natural person.

Marginal note:Effect of instrument or act

(3) An instrument or act referred to in paragraph (1)(b) has the same force and effect as if the instrument or act were letters patent under the Great Seal.

Marginal note:Signing instruments and acts

79. A licence, an instrument or an act granting, conceding or transferring Agency real property or Agency immovables, other than letters patent, must be signed by persons authorized to do so by the Agency.

Marginal note:Grants and concessions to Agency

80. The Agency may grant Agency real property, and may concede Agency immovables, to itself.

Marginal note:Utilities

81. (1) The Agency may provide utilities and other services on or from Agency real property and Agency immovables.

Marginal note:Services

(2) In carrying out its mandate, the Agency may incur expenditures or perform, or have performed, services or work in relation to any real property, immovable, work or other property not belonging to the Agency, with the consent of the owner.

Marginal note:Grants to municipalities

82. The Agency may make grants to a local municipality in an amount not greater than the taxes that might be levied by the municipality in respect of any Agency real property or Agency immovables if the Agency were not an agent of Her Majesty.

Marginal note:Consideration

83. Despite the Financial Administration Act, the amount of the rent or other consideration charged for the lease or easement of Agency real property, or the lease of or servitude over Agency immovables or a licence in respect of Agency real property or Agency immovables may be less than, equal to or more than the costs borne by Her Majesty in right of Canada in relation to the property.

Marginal note:Federal Real Property and Federal Immovables Act not applicable

84. (1) Subject to subsections (2) and (3), the Federal Real Property and Federal Immovables Act does not apply to the Agency.

Marginal note:Sections that apply to Agency

(2) Sections 8 and 9, subsection 11(2) and sections 12, 13 and 14 of the Federal Real Property and Federal Immovables Act apply to the Agency and any reference in those provisions to

(a) federal real property is to be read as a reference to Agency real property;

(b) federal immovables is to be read as a reference to Agency immovables; and

(c) an instrument or act referred to in paragraph 5(1)(b) of that Act is to be read as a reference to an instrument or act referred to in paragraph 78(1)(b) of this Act.

Marginal note:Par. 16(2)(g) of the Federal Real Property and Federal Immovables Act applies

(3) Paragraph 16(2)(g) of the Federal Real Property and Federal Immovables Act applies to the Agency as if it were an agent corporation within the meaning of that Act.

132. Subsection 103(2) of the Act is replaced by the following:

Marginal note:Real property and immovables

(2) The administration of any real property or immovable and the administrative responsibility for any licence in respect of real property and immovables, as those terms are defined in section 73, that were, immediately before the coming into force of this section, under the administration or administrative responsibility of the Minister of National Revenue for the purposes of the Department of National Revenue are transferred to the Agency.

1998, c. 10Canada Marine Act

133. (1) The definition “immeubles fédéraux” in subsection 2(1) of the French version of the Canada Marine Act is repealed.

(2) The definition “federal real property” in subsection 2(1) of the English version of the Act is replaced by the following:

“federal real property”

« bien réel fédéral »

“federal real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

(3) Subsection 2(1) of the English version of the Act is amended by adding the following in alphabetical order:

“federal immovable”

« immeuble fédéral »

“federal immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

(4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

« bien réel fédéral »

“federal real property”

bien réel fédéral S’entend au sens de l’article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.

« immeuble fédéral »

“federal immovable”

immeuble fédéral S’entend au sens de l’article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.

134. The definition “port” in section 5 of the Act is replaced by the following:

“port”

« port »

“port” means the navigable waters under the jurisdiction of a port authority and the real property and immovables that the port authority manages, holds or occupies as set out in the letters patent.

135. (1) Paragraphs 8(2)(d) and (e) of the Act are replaced by the following:

(d) the federal real property and federal immovables under the management of the port authority;

(e) the real property and immovables, other than the federal real property and federal immovables, held or occupied by the port authority;

(2) Paragraph 8(2)(j) of the Act is replaced by the following:

(j) the maximum term of a lease or licence of federal real property or federal immovables under the management of the port authority;

136. Paragraphs 10(3)(b) and (c) of the Act are replaced by the following:

(b) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

(c) the real property and immovables, other than federal real property and federal immovables, that the harbour commission occupied or the title to which it held, whether or not in its own name, and that are set out in the letters patent, and any rights related to them, become the interest, property and rights of the port authority, as the case may be;

137. (1) Paragraphs 12(3)(b) and (c) of the Act are replaced by the following:

(b) the real property and immovables, and any rights related to them, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, remain the property and rights of Her Majesty;

(c) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

(2) Paragraphs 12(4)(b) and (c) of the Act are replaced by the following:

(b) the real property and immovables, and any rights related to them, that form part of the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, remain the property and rights of Her Majesty;

(c) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

138. Subsection 28(10) of the Act is replaced by the following:

Marginal note:Existing uses

(10) Except for a use authorized under this Act, a port authority may continue to use any real property or immovable that it manages, holds or occupies for any purpose for which the real property or immovable was used on June 1, 1996 in the case of a port authority referred to in section 12, or the date of issuance of its letters patent in any other case, but, if the port authority ceases to use it for that purpose at any time, the port authority may not reinstitute the use.

139. (1) Subsections 31(3) and (4) of the Act are replaced by the following:

Marginal note:No pledge of property

(3) Subject to subsection (4), a port authority may not mortgage, hypothecate, pledge or otherwise create a security interest in any federal real property or federal immovable that it manages in any way other than to pledge the revenues of that property.

Marginal note:Pledge of fixtures

(4) A port authority may, if authorized in the letters patent, create a security interest in fixtures on federal real property and federal immovables to the same extent as Her Majesty could create such an interest and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

(2) Subsection 31(6) of the Act is replaced by the following:

Marginal note:Application of provincial law

(6) A grant under subsection (4) may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property, federal immovable or fixtures are situated.

140. (1) Subsections 44(1) to (3) of the Act are replaced by the following:

Marginal note:Federal Real Property and Federal Immovables Act

44. (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables of a port in respect of which letters patent have been issued to the port authority, other than property the administration of which is under any other member of the Queen’s Privy Council for Canada.

Marginal note:Management

(2) The Minister may, in the letters patent, give to a port authority the management of any federal real property or federal immovable that is administered by

(a) the Minister under subsection (1); or

(b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member.

Marginal note:Acts do not apply

(3) If the Minister gives the management of any federal real property or federal immovable to a port authority, the Federal Real Property and Federal Immovables Act, other than sections 12 to 14 and paragraphs 16(1)(a), (g) and (i) and (2)(g), does not apply to that property.

(2) Subsections 44(5) and (6) of the Act are replaced by the following:

Marginal note:Notice to Minister

(5) If a port authority is of the opinion that any real property or immovable is no longer required for port purposes, it shall so inform the Minister.

Marginal note:Holding of real property and immovables

(6) A port authority may manage, occupy or hold only the real property and immovables set out in its letters patent.

141. Sections 45 and 46 of the Act are replaced by the following:

Marginal note:Powers and obligations when management given

45. (1) When the Minister has given the management of any federal real property or federal immovable to a port authority, the port authority

(a) need not pay compensation for the use of that property;

(b) may retain and use the revenue received in respect of that property for the purpose of operating the port;

(c) shall undertake and defend any legal proceedings with respect to that property; and

(d) shall discharge all obligations and liabilities with respect to that property.

Marginal note:Legal proceedings

(2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a port authority manages, or any property that it holds, or with respect to any act or omission occurring on the property, shall be taken by or against the port authority and not by or against the Crown.

Marginal note:Leases and licences

(3) A port authority may, for the purpose of operating the port, lease or license any federal real property or federal immovable that it manages, subject to the limits in the port authority’s letters patent on its authority to contract as agent for Her Majesty in right of Canada. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

Marginal note:Powers

(3.1) The port authority may exercise the powers under subsection (3) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

Marginal note:Application of provincial law

(4) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.

Marginal note:Disposition of federal real property and federal immovables

46. (1) Subject to subsection 45(3), a port authority may not dispose of any federal real property or federal immovable that it manages but it may

(a) without the issuance of supplementary letters patent, grant road allowances or easements, rights of way or licences for utilities, services or access; and

(b) to the extent authorized in the letters patent,

(i) exchange that property for other real property or immovables of comparable market value subject to the issuance of supplementary letters patent that describe the other property as federal real property or federal immovables, and

(ii) dispose of fixtures on federal real property and federal immovables.

Marginal note:Powers

(1.1) The port authority may exercise the powers under paragraph (1)(a) or (b) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

Marginal note:Other real property and immovables

(2) A port authority may dispose of any real property or immovable that it occupies or holds, other than federal real property or federal immovables, subject to the issuance of supplementary letters patent, and, without the issuance of supplementary letters patent, it may grant road allowances or easements, rights of way or licences for utilities, services or access.

Marginal note:Application of provincial law

(3) A grant may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property or federal immovable is situated.

142. Subsections 48(1) to (3) of the Act are replaced by the following:

Marginal note:Land-use plan

48. (1) A port authority shall, within twelve months after the issuance of its letters patent, develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.

Marginal note:Contents of plan

(2) The land-use plan may

(a) prohibit the use of some or all of the real property and immovables for, or except for, certain purposes;

(b) prohibit the erecting of structures or works or certain types of structures or works; and

(c) subject to any regulations made under section 62, regulate the type of structures or works that may be erected.

Marginal note:Existing structures

(3) A land-use plan shall not have the effect of preventing

(a) the use of any real property or immovable existing on the day on which the land-use plan comes into force for the purpose for which it was used on that day, so long as it continues to be used for that purpose; or

(b) the erecting or alteration of a structure or work that was authorized before the day on which the land-use plan comes into force if the erecting or alteration is carried out in accordance with the authorization.

143. Paragraph 62(1)(h) of the Act is replaced by the following:

(h) the stewardship obligation of a port authority in respect of federal real property and federal immovables under the management of the port authority.

144. Section 66 of the Act is replaced by the following:

Marginal note:Federal Real Property and Federal Immovables Act

66. (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables that form part of a public port or public port facility.

Marginal note:Other ports and facilities

(2) The Minister does not have the administration of the federal real property and federal immovables that are under the administration of any other member of the Queen’s Privy Council for Canada.

Marginal note:Power of Minister

(3) For greater certainty, the repeal of the designation of a public port or public port facility does not terminate the application of the Federal Real Property and Federal Immovables Act to the federal real property and federal immovables that formed part of the port or facility and that are owned by Her Majesty in right of Canada.

145. Section 71 of the Act and the heading before it are replaced by the following:

Federal Real Property and Federal Immovables

Marginal note:Leases and licences

71. (1) Despite the Federal Real Property and Federal Immovables Act, the Minister may lease any federal real property or federal immovable that forms, or formed, part of a public port or public port facility or grant a licence in respect of the property, for twenty years or for a longer period with the approval of the Governor in Council.

Marginal note:Application of provincial law

(2) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.

146. (1) Paragraphs 72(1)(a) and (b) of the Act are replaced by the following:

(a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and

(b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province.

(2) Subsections 72(5) and (6) of the Act are replaced by the following:

Marginal note:Disposal and transfer

(5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act.

Marginal note:Application of provincial law

(6) The disposal or transfer of federal real property and federal immovables under this section may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be transferred by a private person.

147. (1) Subsection 80(1) of the French version of the Act is replaced by the following:

Marginal note:Transfert

80. (1) Le ministre peut ordonner à l’Administration de lui transférer ou de transférer — selon les modalités qu’il précise — à un membre du Conseil privé de la Reine pour le Canada, à toute autre personne ou à une entité constituée au titre d’une entente internationale la totalité ou une partie de ses biens ou entreprises; l’Administration est tenue de se conformer immédiatement à cet ordre; la Loi sur les immeubles fédéraux et les biens réels fédéraux et la Loi sur les biens de surplus de la Couronne ne s’appliquent pas au transfert.

(2) Subsection 80(3) of the Act is replaced by the following:

Marginal note:Federal Real Property and Federal Immovables Act

(3) The Federal Real Property and Federal Immovables Act does not apply to a transfer under subsection (1) or (2) unless it is a sale of land to a person or body other than the Minister or any other member of the Queen’s Privy Council for Canada.

148. Section 90 of the Act is replaced by the following:

Marginal note:Federal Real Property and Federal Immovables Act

90. For the purposes of the Federal Real Property and Federal Immovables Act, the Minister or other member of the Queen’s Privy Council for Canada to whom any federal real property or federal immovable is transferred under subsection 80(1) or (2) has the administration of that property.

149. Subsections 91(2) to (4) of the Act are replaced by the following:

Marginal note:Legal proceedings

(2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a person who has entered into an agreement under subsection 80(5) manages, or any property that the person holds, or with respect to any act or omission occurring on the property, shall be taken by or against the person and not the Crown.

Marginal note:Federal Real Property and Federal Immovables Act does not apply

(3) The Federal Real Property and Federal Immovables Act, other than section 12, does not apply to a lease or licence referred to in paragraph (1)(c).

Marginal note:Application of provincial law

(4) A lease or licence may be effected by any instrument by which real property or immovables may be leased or a licence may be granted by a private person under the laws in force in the province in which the property is situated.

150. The portion of subsection 98(1) of the French version of the Act before paragraph (a) is replaced by the following:

Marginal note:Pouvoir réglementaire

98. (1) Le gouverneur en conseil peut prendre des règlements en vue de la gestion, du contrôle, de l’aménagement et de l’utilisation de la voie maritime, des immeubles et des biens réels ou entreprises connexes, notamment en ce qui touche :

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

Marginal note:1991, c. 50, s. 23

151. Subsection 167(2) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Marginal note:Pooling agreement by Her Majesty

(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.

Marginal note:1991, c. 50, s. 24

152. Subsection 172(2) of the Act is replaced by the following:

Marginal note:Board may enter into unit agreement

(2) The Board may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:1991, c. 50, s. 25

153. Subsection 172(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Marginal note:Pooling agreement by Her Majesty

(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.

Marginal note:1991, c. 50, s. 26

154. Subsection 177(2) of the Act is replaced by the following:

Marginal note:Board may enter into unit agreement

(2) The Board may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.

1995, c. 11Department of Canadian Heritage Act

155. The portion of paragraph 7(b) of the Department of Canadian Heritage Act before subparagraph (i) is replaced by the following:

(b) subject to the Federal Real Property and Federal Immovables Act and any direction made by the Treasury Board,

1996, c. 16Department of Public Works and Government Services Act

156. (1) The definition “federal real property” in section 2 of the English version of the Department of Public Works and Government Services Act is replaced by the following:

“federal real property”

« bien réel fédéral »

“federal real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

(2) The definition “immeuble fédéral” in section 2 of the French version of the Act is replaced by the following:

« immeuble fédéral »

“federal immovable”

immeuble fédéral S’entend au sens de l’article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.

(3) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

« bien réel fédéral »

“federal real property”

bien réel fédéral S’entend au sens de l’article 2 de la Loi sur les immeubles fédéraux et les biens réels fédéraux.

(4) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

“federal immovable”

« immeuble fédéral »

“federal immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

157. (1) Paragraph 6(e) of the Act is replaced by the following:

(e) the construction, maintenance and repair of public works, federal real property and federal immovables;

(2) Paragraph 6(h) of the Act is replaced by the following:

(h) the provision to departments of advice on or services related to architectural or engineering matters affecting any public work, federal real property or federal immovable; and

Marginal note:1999, c. 31, s. 73(F)

158. (1) Subsection 10(1) of the Act is replaced by the following:

Marginal note:Federal real property and federal immovables

10. (1) The Minister has the administration of all federal real property and federal immovables except those under the administration of any other minister, board or agency of the Government of Canada or any corporation.

(2) Paragraph 10(2)(a) of the Act is replaced by the following:

(a) any federal real property or federal immovable;

159. (1) Subsection 23(1) of the Act is replaced by the following:

Marginal note:Regulations

23. (1) The Governor in Council may make any regulations that the Governor in Council deems necessary for the management, maintenance, proper use and protection of federal real property and federal immovables under the administration of the Minister and of public works and for the ascertaining and collection of tolls, dues and revenues with respect to them.

(2) Subparagraph 23(2)(b)(ii) of the Act is replaced by the following:

(ii) in respect of which a regulation has otherwise been contravened or any damage done to a public work or to any federal real property or federal immovable and not paid for, or

R.S., c. F-11Financial Administration Act

Marginal note:1991, c. 50, s. 27

160. Section 61 of the Financial Administration Act is replaced by the following:

Marginal note:Transfers, etc., of public property

61. (1) Subject to any other Act of Parliament, no transfer, lease or loan of public property shall be made except under the Federal Real Property and Federal Immovables Act in the case of federal real property or a federal immovable as defined in that Act, or under subsection (2) in the case of other public property.

Marginal note:Regulations

(2) The Governor in Council, on the recommendation of the Treasury Board, may authorize or make regulations authorizing the transfer, lease or loan of public property other than federal real property and federal immovables as defined in the Federal Real Property and Federal Immovables Act.

Marginal note:1991, c. 50, s. 28

161. Subsection 99(6) of the Act is replaced by the following:

Marginal note:Provision and Acts not applicable

(6) Section 61 of this Act, the Surplus Crown Assets Act, and the Federal Real Property and Federal Immovables Act, except paragraphs 16(1)(g) and (h) and (2)(g) and subsection 18(6), do not apply to an agent corporation.

R.S., c. I-16International Boundary Commission Act

Marginal note:1993, c. 34, s. 86

162. Section 9 of the International Boundary Commission Act is replaced by the following:

Marginal note:Claims in liability against Canadian Commissioner

9. For the purposes of section 3 of the Crown Liability and Proceedings Act, the person appointed by the Governor in Council to be the Canadian member of the Commission while acting within the scope of the member’s duties or employment shall be deemed to be a servant of the Crown.

R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

Marginal note:1991, c. 50, s. 35

163. Subsection 30(2) of the Canada Oil and Gas Operations Act is replaced by the following:

Marginal note:Pooling agreement by Her Majesty

(2) The Minister may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that the Minister deems advisable and, despite anything in this Act, the Territorial Lands Act, the Federal Real Property and Federal Immovables Act, the Canada Petroleum Resources Act or any regulations made under those Acts, the pooling agreement is binding on Her Majesty.

Marginal note:1991, c. 50, s. 36

164. Subsection 37(2) of the Act is replaced by the following:

Marginal note:Minister may enter into unit agreement

(2) The Minister may enter into a unit agreement binding on Her Majesty, on any terms and conditions that the Minister may deem advisable, and any of the regulations under this Act, the Territorial Lands Act, the Federal Real Property and Federal Immovables Act or the Canada Petroleum Resources Act that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.

2000, c. 33Manitoba Claim Settlements Implementation Act

165. Paragraph 11(2)(b) of the Manitoba Claim Settlements Implementation Act is replaced by the following:

(b) the right or interest has been granted to the third party under the Federal Real Property and Federal Immovables Act; or

1998, c. 31Parks Canada Agency Act

166. (1) Subsection 20(1) of the Parks Canada Agency Act is replaced by the following:

Marginal note:Interpretation

20. (1) For the purposes of paragraphs (2)(b) and 21(2)(a), terms and expressions used in those paragraphs have the same meaning as in the Federal Real Property and Federal Immovables Act.

(2) Paragraph 20(2)(b) of the Act is replaced by the following:

(b) proceeds from any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency:

(i) the lease or giving of a licence,

(ii) the transfer to Her Majesty in any right other than Canada of administration and control, otherwise than in perpetuity, and

(iii) a disposition of any right or interest, other than a disposition referred to in paragraph 21(2)(a);

167. Paragraph 21(2)(a) of the Act is replaced by the following:

(a) any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency:

(i) the sale or any other disposition in perpetuity of any right or interest,

(ii) the transfer of administration to another minister or to an agent corporation, and

(iii) the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and

R.S., c. R-8Revolving Funds Act

Marginal note:1996, c. 16, s. 55

168. Subsection 5(4) of the Revolving Funds Act is replaced by the following:

Marginal note:Limit on expenditures

(4) There may be charged to the fund referred to in section 5.1 and credited to the fund established by this section

(a) any fees payable to the Minister of Public Works and Government Services for the sale or transfer of federal real property or federal immovables; and

(b) any expenditures made under subsection (1) in respect of the sale or transfer of that property, including expenditures made to prepare the property for sale or transfer.

Marginal note:1996, c. 16, s. 55

169. (1) Subsections 5.1(1) to (3) of the Act are replaced by the following:

Marginal note:Definitions

5.1 (1) The definitions in this subsection apply in this section.

“administration”

« gestion »

“administration” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.

“federal immovable”

« immeuble fédéral »

“federal immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act, except that it does not include a lease of an immovable.

“federal real property”

« bien réel fédéral »

“federal real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act, except that it does not include a lease of real property.

Marginal note:Expenditures out of C.R.F.

(2) The Minister of Public Works and Government Services may make expenditures out of the Consolidated Revenue Fund for the purpose of

(a) the sale, or the preparation for sale, of federal real property and federal immovables;

(b) the transfer, or the preparation for transfer, of the administration of federal real property or a federal immovable from one minister to another; or

(c) the transfer, or the preparation for transfer, of the administration and control of federal real property and federal immovables to Her Majesty in any right other than of Canada.

Marginal note:Limit on expenditures

(3) The Minister may spend, for the purposes mentioned in subsection (2), any revenues received in respect of those purposes and, subject to any terms and conditions that the Treasury Board may approve with the concurrence of the Minister of Finance, any proceeds from the sale or transfer of federal real property and federal immovables.

Marginal note:1996, c. 16, s. 55

(2) Subsection 5.1(4) of the English version of the Act is replaced by the following:

Marginal note:Limit on expenditures

(4) The aggregate of expenditures made under subsection (2) shall not at any time exceed by more than five million dollars the revenues received and the proceeds of sale or transfer of federal real property and federal immovables received in respect of the purposes mentioned in that subsection.

R.S., c. S-27Surplus Crown Assets Act

Marginal note:1991, c. 50, s. 42

170. Section 2.1 of the Surplus Crown Assets Act is replaced by the following:

Marginal note:Application

2.1 This Act does not apply in respect of real property or immovables as defined in the Federal Real Property and Federal Immovables Act or licences in respect thereof.

R.S., c. T-18Department of Transport Act

Marginal note:1991, c. 50, s. 46

171. Subsection 12(3) of the Department of Transport Act is replaced by the following:

Marginal note:Real property and immovables excluded

(3) This section does not apply in respect of any instrument or act the execution of which is provided for by or under the Federal Real Property and Federal Immovables Act.

R.S., c. V-2Visiting Forces Act

Marginal note:1993, c. 34, s. 135

172. Section 15 of the Visiting Forces Act is replaced by the following:

Marginal note:Claims against designated states

15. For the purposes of the Crown Liability and Proceedings Act,

(a) in the Province of Quebec

(i) a fault committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment,

(ii) property owned by or in the custody of a visiting force shall be deemed to be owned by or in the custody of the Crown, and

(iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown; and

(b) in any other province,

(i) a tort committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment,

(ii) property owned, occupied, possessed or controlled by a visiting force shall be deemed to be owned, occupied, possessed or controlled by the Crown, and

(iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown.

Terminology Changes

Marginal note:References

173. In the following provisions of the French version of the following Acts, “Loi sur l’indemnisation des dommages causés par des pesticides” is replaced by “Loi sur l’indemnisation du dommage causé par des pesticides”:

(a) in the Health of Animals Act,

(i) the definition “évaluateur” in subsection 2(1), and

(ii) subsections 59(2) and (3); and

(b) in the Plant Protection Act,

(i) the definition “évaluateur” in section 3, and

(ii) subsections 43(2) and (3).

PART 8 COORDINATING AMENDMENTS

Marginal note:R.S., c. G-10

174. (1) Paragraph 45(1)(b) of the English version of the Canada Grain Act is replaced by the following:

(b) if the application is for a primary elevator, process elevator or grain dealer’s licence, subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain other than special crops produced by the holders.

Marginal note:Coming into force

(2) Subsection (1) comes into force on the later of the coming into force of subsection 88(1) of this Act and section 4 of An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998.

Marginal note:R.S., c. I-15

175. (1) Subsection 4(1) of the Interest Act is replaced by the following:

Marginal note:When annual rate not stipulated

4. (1) Except as to mortgages on real property or hypothecs on immovables, whenever any interest is, by the terms of any written or printed contract, whether under seal or not, made payable at a rate or percentage per day, week, month, or any rate or percentage for any period less than a year, no interest exceeding the rate or percentage prescribed by regulation shall be chargeable, payable or recoverable on any part of the principal money unless the contract contains an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent, calculated in accordance with the regulations.

Marginal note:Coming into force

(2) Subsection (1) comes into force on the later of the coming into force of section 91 of this Act and section 17 of the Agreement on Internal Trade Implementation Act, chapter 17 of the Statutes of Canada, 1996.

Marginal note:R.S., c. I-15

176. (1) Subsection 6(1) of the Interest Act and the heading before it are replaced by the following:

INTEREST ON MONEYS SECURED BY MORTGAGE ON REAL PROPERTY OR HYPOTHEC ON IMMOVABLES

Marginal note:Interest recoverable in certain cases

6. (1) Whenever any principal money or interest secured by mortgage on real property or hypothec on immovables is, by the mortgage or hypothec, made payable on a sinking fund plan, on any plan under which the payments of principal money and interest are blended, on any plan that involves an allowance of interest on stipulated payments or on any fund or plan described in the regulations, no interest whatever shall be chargeable, payable or recoverable on any part of the principal money advanced unless the mortgage or hypothec contains an express statement showing the amount of the principal money and the rate of interest chargeable on that money, calculated in accordance with the regulations.

Marginal note:Coming into force

(2) Subsection (1) comes into force on the later of the coming into force of section 92 of this Act and section 18 of the Agreement on Internal Trade Implementation Act, chapter 17 of the Statutes of Canada, 1996.

PART 9 TRANSITIONAL PROVISION AND COMING INTO FORCE

Transitional Provision

Bankruptcy and Insolvency Act — “secured creditor”

177. (1) The definition “secured creditor” in subsection 2(1) of the Bankruptcy and Insolvency Act, as enacted by section 25 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

Marginal note:Bankruptcy and Insolvency Act — par. 136(1)(e)

(2) Paragraph 136(1)(e) of the Bankruptcy and Insolvency Act, as enacted by section 31 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

Marginal note:Bankruptcy and Insolvency Act — par. 178(1)(d)

(3) Paragraph 178(1)(d) of the Bankruptcy and Insolvency Act, as enacted by section 32 of this Act, applies only to bankruptcies in respect of which proceedings are commenced after the coming into force of that section.

Coming into Force

Marginal note:Coming into force

178. The provisions of this Act, other than Part 8, come into force on a day or days to be fixed by order of the Governor in Council.
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